iPhone News Desk
Australian Injunction Against Samsung Overturned
Apple Had Won in Lower Court; Expected to Appeal New Ruling
By: Maureen O'Gara
Nov. 30, 2011 02:00 PM
Samsung has persuaded an Australian appeals court to overturn the temporary injunction Apple got from a lower court on October 13 forbidding the sale of Samsung's Galaxy Tab 10.1 on the grounds of patent infringement.
The iPad-competitive widget can now be sold ahead of a trial whose date has yet to be set. Apple is expected to appeal. The appeals court Friday said it had doubts about the justice of the injunction that the lower court slapped on the Samsung tablet. It was expected to rule this week on Samsung's bid to lift the restraint.
Samsung argued that the lower court failed to consider whether Apple would actually win at trial.
The presiding appellate judge reportedly found it difficult to believe Apple couldn't keep track of the damages it might suffer if it successfully pursued its patent accusations.
Apple has claimed the impact isn't limited to iPad but also to Samsung's effects on iPhones, Mac computers and applications because they're tied to one another, a claim the appeals court called "speculative."
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